Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-09-23
SENATOR EDMUNOS' ARGUMENT
Before the Interstate Commerce Com
nnission NJ Rutland, September q,

! only very lew moments Of your time in
discussing this matter. First and princi
pally, because do not believe it necessary
TO you, or TO the just disposition Of this
case secondly, because do believe it nee
essary that my honorable opponents and |
should get the train and go home this even
ing
THE CHANGERS
First, then, as to the grangers, my clients
in respect TO whom my Brother Fifield and
the gentlemen ON the other side have, from
Ame TO time, made observations altogether
bncomplimentary, as 10 their being myth.
ical, mon existent persons, and so forth
All | have to say in reply to that, is, that
the farmers need no defence from me. They
are good deal more numerous than any
other part OF the people Of the United
States happened TO see in a newspaper
this morning an account of a meeting of
10000 of them in Pennsylvania, the other
day. There are good many of them ev-
erywhere though they do not all belong TO
organized oranges, for the grangers' asso-
Citations do not embrace all the farmers of
the country, any more than the law associa-
tions embrace all the lawyers. There are a
| great many persons who have been admitted
to the bar who do not belong to any law
association still we are supposed to be on
those who are members of "A law association.
And the farmers Of this country, and Of
this state, therefore, have the same rights,
| whether members of the grange or not.
| They have the right TO associate and defend
their interests the same as the railroads,
| the cergymen, the manufacturers, the
| knights OF Labor, or any other members Of
the community, so that | need not take up
any time in vindicatug them as standing
before you and asking justice at your hands
under the law for the classes of industry
| that they represent. You are here as a
public tribunal of investigators, before
whom any citizen, or set Of citizens, hav-
ing "A well founded ground of complaint.
may come and state their grievances. They
are entitled to be heard, and if a wrong is
being done 10 them, you are bound to see
that justice is done. SO much for that,
which will again say was quite unnecessa-
| ry for my clients
| SCOPE or THE INTERSTATE COMMERCE. ACT.
Let Us see whore we are This act in its
first and second sections seems to be couch
| ed in language that is very plain to the nm
sophisticated mind. 1t appears to be in
tended to regulate and control according
to good methods, and consistent with Jus
tice, the operations Of interstate commerce
| by railways and water communications
| connected with them. So far as il was
| possible for Congress, within its consttu.
| uonal power, to reach every agency engaged
| IN those transactions, it was 10 he exerted
| The object was benefcent, and the nature
OF the law was intended to reach, and. SO
| lar rs language can 20, ] think does reach
every operation uf interstate commerce
that is carried on 10y no matter how many
| agents or connecting local lines 50 that
they are engaged in continuous transmits
sion Of men or things by any ARRANGE.
| ment, rs the law says, between them in re
laton thereto. There can be no escape
from the provisions Of the law bv any rail.
| road IN the United States, unless it is re
stricted by its charter and operations 10
| purely local state business. Every road
that provides facilities for the business Of
| connecting roads and engages in the tax
| ing of goods out Of its own state on u "A
railroad in another state, 10y any sort Of
| communication or arrangement, or comb.
nation, or understanding 10y whatever con.
| trlvance or form it is reached comes with
in the scope Of the operation of thi,
law. When the states have undertaken t.
| interfere with the abuses and wrongs that
have been committed all through the cuun.
| try, the supreme court, much against it,
| wishes and will, believe, was obliged h.
decide that 1t was within the purview Of
| Congress alone. So that | insist the Ian
guage of this act shall he given the most
| liberal and benign construction, in order tu
work the good effects it was intended TO nc
complish. 1t is not to he construed like "A
criminal statute, but every Interpretation
| and construction that can aid and reach the
| great object Congress had in view, should
| be gwen 10 1t. Enough for that. because
am confident your honors will all agree with
me. do not need TO resort 10 any strained
Interpretation to apply it to this case.
only make these observations to state nv
views of its general purpose and effect.
THE DEFENDANT ROADS WITHIN THE POWER
AND PROVISIONS oF THE ACT.
In this case We find certain facts sworn
| to by Mr., Porteous, although he seems to
know good deal less when he is on the
| witness stand than he does when he is off
from lt-as careful men sometimes do-and
his superior officer, Gov Smith. seems to
he affected with the same mAladv, unlike
Mr.. Mellen, who spoke fully and frankly.
as ana Mr. Mills and these other gentlemen
| As have said, We have the facts sworn 10
| by Mr.. Porteous, as you will see when YOU
read over the reporters notes that in re.
| spect to the transmission of business be
tween the places ON the line Of the Boston
| a Lowell road land by that | will include
all from Boston 10 White River junction.
| without naming the concerns that compose
| NJ whether from Boston or any place be.
tween that point and White River Junction.
on business going into the state Of Vermont.
| that the two roads have arranged and
| agreed upon "A basis upon which thai busi-
ness shall he done and the prices which shall
he paid for II an arrangement and under
standing was arrived at and contaminated
between the agent OF the corporation Of the
Central Vermont railroad company, on the
one hand and the agent Of the corporation
Of the Boston Il Lowell railroad company.
on the other, and perhaps some of the 9th.
er roads in the route but mainly between
the two have named. That arrangement
was made in advance as To what rates
should he charged for that Joint business.
and the division that was to be made from
the collection of those rates as shown by
the division list put IN evidence II this is
not Joint arrangement (which is more
than the law requires) if it is not an ar
rangenent,' TO use the very language of
the law, for the carriage of goods from one
state into another over a common line, then
there Is no language that can be taken out
of our English tongue that will accomplish
it. Aud | will leave that This is all |
wish to say about that.
THE NATIONAL DESPATCH LINE.
Now, as to this National Despatch line.
That is Just the same, only it is done in a
| different form. We have learned from the
evidence IN this case what this National
Despatch line is. As some of the witnesses
stated, 1t Is only name or trade mark
But the public have never known what il
really is. A well known man in this town
who Is a large shipper said TO me that he
| had sent millions Of dollars Of freight out
of this town by the National Despatch line,
supposing it 10 be a regularly organized
| corporation, having body and capital and
officers and somebody to look to if there
was any loss or damage to be made good
He was much amused to find that the Ma
tional Despatch line was in reality a good
deal better and stronger than he supposed
it was in that respect for it had turned out
to be composed Of the Boston & Lowell rail
road company, with all its goods, assets and
effects, the Central Vermont, with all its
goods, assets and effects the Grand Trunk
railway and all its belongings, and a good
deal better, But We find that this National
Despatch line is simply a name by which
these three operating railroads transact
through business together; by which they
convey freight from Boston 10 the West |
and to Montreal aud east from tn use places |
TO Boston and eastern points. That brings |
these roads within the act | assume. The |
question then, is simply whether, in order
TO bring any one of them or all Of them
within the fourth section of this act it is |
necessary that they should all combine in |
the charging of a greater rate for a shorter |
distance than for the longer one. If it is |
necessary that they should all combine. |
then it is clear to my mind as my learned |
friend Strout says that the Grand Trunk |
railway company has not had anything TO |
do in respect of the charges that are 70 be |